07/09/2015AdvertisingRegulationMIT32141 Advertising and Controversy.

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Presentation transcript:

07/09/2015AdvertisingRegulationMIT32141 Advertising and Controversy

07/09/2015 AdvertisingRegulationMIT Why Regulate? 1. Unfair commercial practices re: false claims 2. Protect young, susceptible to manipulation 3. Risky products (alcohol/tobacco) 4. Pritchard/Vogt, -Advertising & Marketing Law in Canada- (2009, 3 rd ed.)

Ad Regulation (State) Industry Canada  Competition Act/Competition Bureau  bc.nsf/eng/02776.html bc.nsf/eng/02776.html  Advertising as Information-in-Marketplace Thesis 07/09/2015 AdvertisingRegulationMIT3214 3

07/09/2015 AdvertisingRegulationMIT Advertising Regulation (State) 1. CRTC (Code for Broadcast Advertising) CBC 1. canada.ca/docs/policies/advertising.shtml canada.ca/docs/policies/advertising.shtml

07/09/2015 AdvertisingRegulationMIT Advertising Standards Canada Canadian Code of Advertising Standards 2007 Ad Complaints Report 07AdComplaintsReport.pdf  1445 complaints; 193 upheld (13%)  TV (59%); Internet (8%)  Categories: 1. Retail 2. Food/Supermarket 3. Automotive Clause 14 (Unacceptable Depictions); Clause 1 (Accuracy); Clause 10 (Safety)

07/09/2015 AdvertisingRegulationMIT One Citizen’s Complaint Advertising Standards Canada Saab Ad Overt Meaning Implied Meaning  Multiple levels of communication

High-Risk Products Tobacco, Alcohol, Pharmaceuticals Brand switching Ad ban/regulation and Marketing Innovation/ Creativity 07/09/2015 AdvertisingRegulationMIT3214 7

07/09/2015 AdvertisingRegulationMIT Tobacco Promotion: Advertising Bans Phase One: Pre-1988 Voluntary restrictions (radio/TV) Some newspapers ban Phase Two: Tobacco Products Control Act, 1988 advertising ban Sponsorship restrictions Health warnings

07/09/2015 AdvertisingRegulationMIT Tobacco Products Control Act (TPCA) Most severe restriction of commercial speech Canada as world leader in tobacco control

07/09/2015 AdvertisingRegulationMIT Court Challenge (1990s) Tobacco Companies: restrict commercial free speech legal product Other unhealthy products brand switchers only Ottawa: Advertising’s persuasive effect Promotes youth smoking/starters low tar/nicotine promotion deceptive

Supreme Court Ruling: 1995 Strike down Tobacco Products Control Act Total ban too severe  Ban OK for lifestyle/ minors-directed ads  But not “informational” or brand ads 07/09/2015 AdvertisingRegulationMIT

07/09/2015 AdvertisingRegulationMIT Tobacco Act, 1997 Distinguish btwn information/brand (allowed) and lifestyle/image (banned) advertising Info/brand advertising allowed:  publications (85% adult readership) mailed to adult individuals  signs where minors not allowed (bars) upheld by Supreme Court, 2007

07/09/2015 AdvertisingRegulationMIT Social Acceptability/Advertising reinforce social acceptability of smoking lessen health worries stronger self image among smokers promote starters

07/09/2015 AdvertisingRegulationMIT Sponsorship Advertising, 1980s/2003 Export A/Team Player's  car racing/sports Matinee Fashion Foundation du Maurier Arts Council Benson & Hedges –Gold Club Series “Squeezing the Balloon”

07/09/2015 AdvertisingRegulationMIT Sponsorship Ads social acceptability neutralize health concerns (no warnings)  Fairness Doctrine/US lifestyle advertising “stealth marketing”

07/09/2015 AdvertisingRegulationMIT du Maurier Arts Council ( ) $58 million to:  Performance groups;  visual arts groups Tobacco Canada Artistic Development Board Council, 2003  visual arts, cinema, video, multi- media programs  41 awards (2003/04)

07/09/2015 AdvertisingRegulationMIT Context Declining state support for arts (1990s) rising business support ITL philanthropy and post-secondary sector  15 to 30% of overall donations in 2000s

07/09/2015 AdvertisingRegulationMIT Why universities/colleges? Respectability/Legitimacy Young adult market (19+) Good Publicity  Help “Starving Students”

07/09/2015 AdvertisingRegulationMIT Why Artists? individualism/independence freedom avant-garde dissent, social critique creativity Authenticity

07/09/2015 AdvertisingRegulationMIT Philip Morris/Art Sponsorship Early corporate art sponsor (1960s) Avant-garde/ contemporary art  Pop Art  Conceptual Art

07/09/2015 AdvertisingRegulationMIT Philip Morris and Pop Art “11 Pop Artists” 1965  A. Warhol  R. Lichtenstein Europe/US 2-yr tour credibility of Pop Art PM as Sponsor  commissioned works

07/09/2015 AdvertisingRegulationMIT Pop Art Radical break with Abstract Expressionism Material goods, Hollywood, comics, celebrity Consumer Art

07/09/2015 AdvertisingRegulationMIT Pop Art: “11 Pop Artists” 1. consumer good as High Art 2. innovative art=innovative firm 3. non-political art 4. individual expression/choice in consumer society

07/09/2015 AdvertisingRegulationMIT Conceptual Art PM sponsor shows in late 1960s/70s Richard Serra, Eva Hesse challenge very definition of Art  affirm conceptual underpinning, not execution or object as art

07/09/2015 AdvertisingRegulationMIT Conceptual Art –R. Serra

07/09/2015 AdvertisingRegulationMIT Conceptual Art- Eva Hesse

07/09/2015 AdvertisingRegulationMIT Conceptual Art: Bruce Nauman

07/09/2015 AdvertisingRegulationMIT PM and Jasper Johns 1. Retrospective gallery goers/ creating goodwill with “opinion leaders” 3. A/B classes 4. Legitimacy Crisis

07/09/2015 AdvertisingRegulationMIT Creativity/Business Innovation 1. Theory Y/ 1960s/70s 2. Marketing ethos Employee Morale 1. Internal culture 2. Recruitment and retention

07/09/2015 AdvertisingRegulationMIT Corporate Image/Public Relations Not brand promotion Art audiences, small; A/B classes  Smokers C/D classes (festivals, sports, etc.) Goodwill re: political/business elites Pierre Bourdieu /symbolic/cultural capital Art and “The Good, The True, The Beautiful”

07/09/2015 AdvertisingRegulationMIT Exchanging Capital (Bourdieu) 1Financial capital  Sponsor  Philip Morris 2 Symbolic capital  Sponsored  artist/museum 3. image/transfer to company goodwill  dollar value  neutralize critics (state; health lobby)

07/09/2015 AdvertisingRegulationMIT Art/Tobacco Companies Corporation/Marketplace  Employee relations  progressive corporate image  ‘cutting-edge’ marketing Public Sphere  ideology  Individual freedom/commercial speech  challenge social status quo/public authority  cultural capital (social/political power)